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Chapter 7- Questions RE: Purchases and 401k payout

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Anonymous
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Chapter 7- Questions RE: Purchases and 401k payout

Good afternoon,
I am writing from MI. I had a consultation with an attorney last Wednesday. I am heavily considering bankruptcy.

Debts:
$8k in medical debt
$12k credit cards (mostly stupid store cards)
$20.5k between two auto loans (keeping one car)
$331 Collection debt

Income:
$34k

I am single, no children.

I was in the process of rebuilding my credit, but made some poor choices and accrued a large amount of debt. I'm in over my head and see no way out. The car I owe $16k on is a lemon.

In early February, I changed jobs and closed the 401k, receiving a payout of $5900 in early February. I used all of the money- tried to pay some debts, put repairs into the cars (friend did the work to save money, no receipts), and bought some gifts for family (nothing crazy, but I know that I have a major spending problem). I also received a $2800 tax refund around this time. It's amazing how quickly I spent it all, it makes me sick.

Am I able to file soon, based on this info? The attorney did not seem concerned, but I've never needed an attorney for anything and I just want some piece of mind.

Also, is there a "time limit" on when I have used these credit cards?

What should I do/should I not do in the meantime before filing?

ANY advice is appreciated.

I've read a lot here, but feel overwhelmed and terrified.
Message 1 of 6
5 REPLIES 5
Anonymous
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Re: Chapter 7- Questions RE: Purchases and 401k payout

Also, I have no assets, other than the vehicles.
Message 2 of 6
Anonymous
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Re: Chapter 7- Questions RE: Purchases and 401k payout

Okay, I received the payout from 401k on 2/15/2017, and the tax refund (which was $3050 total) on 2/1/2017 and 2/7/2017.

Message 3 of 6
Anonymous
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Re: Chapter 7- Questions RE: Purchases and 401k payout

Any advice? Sorry, just am about to miss a few payments (attorney advised to stop making payments), and want to make sure I'm not totally SOL.

Thank you.
Message 4 of 6
Anonymous
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Re: Chapter 7- Questions RE: Purchases and 401k payout

Without looking at all your financials, we can't guarantee that you will qualify for a Chapter 7 bankruptcy without issues. Your attorney should have prepared a means test. If you pass the means test, you can file Chapter 7, if you don't pass, you have to have justificaiton on why you should. There's a good means test calculator on another website you can use.

 

The issues that may exist for you are how you spent the money you received from your tax return, and if any tranfers were to insiders. From what you've said, it sounds like you did not make a payment to one creditor over another (exceeding $600 in the 90 days up to filing) or transfer money to an insider, such as an immediate family member 1 year prior to filing.

 

Generally, you should stop using credit immediately, and generally delay filing by at least 90 days from the day you last used your credit cards. Your attorney should be able to provide guidiance on specific transactions though. For example, if you stopped using credit 120 days ago, but then a Netflix charge came through, you're probably fine. If, on the other hand, you charged $600 to Louis Vuitton 60 days prior to filing, your creditor may go after you.  

 

So far your attorney's advice seems appropriate. Trust your attorney -- unless this is his/her first filling, you should be fine.

Message 5 of 6
Anonymous
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Re: Chapter 7- Questions RE: Purchases and 401k payout

Thank you!

I did pass the means test, and the attorney seems pretty reliable and sounds like the best in my area, albeit pricey.

Thank you for your advice, and the explanations!
Message 6 of 6
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